03-615QRIGlNAL
Council File # Ot/ r �I�
Green Sheet # .=J 00 � � (0(7
RESOLUTION
CITY OF SAINT PAUL, MINNESOTA
as
Presented By
Referred to
Committee: Date
1 WHEREAS, The City of Saint Paul, Division of Parks & Recreation, provides a variety
2 of activities to youth including participation in tennis lessons; and
3 WHEREAS, Saint Paul Parks & Recreation is in need of space for its growing tennis
4 pro� and
5 WHEREAS, Macalester College of Saint Paul own land at 1600 Grand Avenue which
6 includes tennis courts; and
7 WHEREAS, Macalester College is willing to give permission for Pazks & Recreation to
8 use their tennis courts, June 13-July 25, 2003, but wishes to have the City indemnify and hold the
9 College harmless from claims related to the City's use of the tennis courts; and
10 WHEREAS, provisions of youth tennis lessons serve a legitimate public purpose by
11 serving the youth of the City; and
12 WHEREAS, the expenditure of public funds, which includes the promise of
13 indemnification and defense, for such a purpose will facilitate and allow the City to provide such
14 opportunities, now therefore, be it
15 RESOLVED, that the City Council of the City of Saint Paul on behalf of the City of Saint
16 Paul hereby agrees to defend, indemnify and hold Macalester College hannless form any and all
17 damages it may be required to pay as a result of suits, claims, actions, or judgments arising out of
18 the use of Macalester's tennis courts at 1600 Grand Avenue, which are attributable to the
19 negligent act or omission by the City of Saint Paul, its employee, agents or contractors; and be it
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FURTHER RESOLVED, that the foregoing defense and indemnification does not cover:
1) casualty loss or property damage to the tennis courts.
2) any occurrences or events which are not part of the approved use of the tennis courts
by the City or do not take place ditring the use of the tennis courts as part of fhe city's tennis
program.
3) injuries or damages which arise from hidden traps or conditions existing on the
Macalester property of which they had actual or conshuctive notice.
o a �,�,�'
� �,+� i�.�a � 4a ' juries which arise out of criminal actions, assaults, batteries or other acts of violence
� 1 i����v �y person or persons; and be it
29 FINALLY RESOLVED, that nothin� in the foregoing provisions shall be construed as a
3 o waiver of the municipal tort liability limits or defenses set forth in Minn. Stat. §466.01, et seq.
Benanav
Blakey
Bostrom
Coleman_
Harris
Lan try
Rei ter
Yeas �� Nays �� Absent ��
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Adopted by Council : Date �„ Y _ a.5 a00'3
By:
Requested by:
Division of Parks a,nd Recreation
By ' � 6 f�'��
Approval Recommended by Financial
Services Director:
By:
� Green Sheet Green Sheet
03-�� Green Sheet Green Sheet Green Sheet Green Sheet
Department/office/council: Date InRiated:
pR — PazksandRecreaaon OSJUN-03 Green Sheet NO: 3001160
Contact Person & Phone: ���^ent SeM To Pereon InitiaVDate
JudyBetr � 0 ar an ecrea'on
266-6455 ASSign 1 arks an Recreation De a ent Dir r �"_��
Must Be on Council qgenda by (Date): Number Z � A
Fo� 3 avor•s O�ce Mav rlAssistaot
Rou[ing
Order 4 uncil
5 arks and Recreadon Judv Barr
Total # of Signature Pages _{Ctip AII Locations fw Signature)
Action Requested:
Approval of resolution holding Macalester College harmless for City's use of the tennis courts.
Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Pollowing Questions:
Planning Commission 1. Has fhis person/firm ever worked under a contrad for this department?
CIB Committee Yes No
Civil Service Commission 2. Has this personffrm ever been a city employee?
Yes No
3. Does this personffirm possess a skill not normally possessed by any
current city employee?
Yes No
Explain all yes answers on separate sheet and attach to green sheet
Initiating Problem, Issues, Opportuniry (Who, What, When, Where, Why):
Macalester College is willing to give pemussion for Pazks and Recreation to use ffieir tennis courts, June li-July 25, 2003, but wishes to
Lave the City indemnify and hold the college bamiless from claims related to the City's use of the tennis courts.
Advantages If Approved: � r�°1 P 1`' r D
4� � L.o � U 1�
�..
Disadvarttages If Approved: � ��` a A7 ��^�
None �f t
DisadvanWStes If Not Approvetl:
(�°�'_�,l, ��Ss`:2.ii,°a ����
i " ' � �3
Total Amount of CostlRevenue Budgeted: .
Trensaction:
Fuoding Source: Activity Number:
Financial Information: �� -
(Explain) ' , . �.,�.. �� ,